TRANSART – Southern California

Medical / Judicial Interpreter – Spanish/English Translator

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Motion vs Petition / Moción vs Pedimento

Posted by Legal / Medical Interpreter on 12/14/2009


Motion – “moción”?

As I recall, both Nestor Wagner of Southern California School of Interpretation and Holly Mikkelson, author of “Interpreters Edge” series, translate it as “pedimento”.

But I might be suffering from a case of “falsus congnatus agudus…”


Rod Novillo
United States
Local time: 03:05
English to Spanish
+ …
TOPIC STARTER
True, there is controversy behind the standardized term behind MOTION

If we translate Motion to Pedimento, then what do we do with Petition ? There in lies the conundrum. Another interesting one is what to do with exhibits and evidence. Pruebas is the standard for both, but some states will use evidencia…. it gets tricky when both terms are used together like…. ” we’d like to present the evidence for case blah blah…. from the first set of exhibits marked blah blah…..” But anyway…. If you take into account that the revision of this glossary was in 2006 and created by the state, then you can say it has room for revision and critique. Also, within the Interpreters’ collective consciousness if you will, there are trends and phases in which certain things are no longer used, and new customs acquired. My question to the term at hand would be as already stated —> what then do we do with petition ? Do we treat it the same as motion ? In my opinion, motion still carries the necessary rhetoric behind what empowers people and attorneys to prosecute and defend, if we just leave it aside and supplement it across the board with a submissive petition. I would even go as far to say that even pedimento could be petición instead in its verb form. You look up moción in its second definition: petición, sugestión, propuesta, sugerencia, inspiración. you look at petición: solicitud, demanda,ruego, reclamación, instancia, imploración, exigencia, pedido, moción. also… what about if you filed for a 170.6 DECLARATION OF PREJUDICE CCP 170.6. (PEREMPTORY CHALLENGE)

Filing a challenge would be better suited as a motion and not a petition… a motion to exercise constitutional rights and NOT to ‘pedir’ or ask to exercise them.

So…. interesting topics…..

Alexandra Goldburt wrote:

As I recall, both Nestor Wagner of Southern California School of Interpretation and Holly Mikkelson, author of “Interpreters Edge” series, translate it as “pedimento”.

But I might be suffering from a case of “falsus congnatus agudus…”


Rod Novillo
United States
Local time: 03:05
English to Spanish
+ …
TOPIC STARTER
What do we do when we file for a challange ?

Like motion to suppress evidence seized without warrant, or motion for peremptory challenge
— >

Do we file a motion or a petition ??

Indeed it seems like a motion is in place, however, nowadays, if we investigate its translated terminology in Spanish for example, the normalized term standardizes the term to just petition.


Rod Novillo
United States
Local time: 03:05
English to Spanish
+ …
TOPIC STARTER
Another ’sticky’ term is case Oct 30

what is it ? caso or causa ?? Most like using causa nowadays. But you see it as caso all the time.

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